Anti-unfair Competition Law Protection Of Intellectual Property

With the arrival of the era of knowledge-driven economy, the position in social life of knowledge information improves day by day, and the property value and social value of the intellectual property right are also gradually paid attention to. At present, in the mechanism of intellectual property protection of our country, there's still some insufficiency in many respects such as legal norm unifying, system perfecting concrete clause applying ,etc. It has certain disparity with the development of era and the demand of WTO. Thus we should perfect the additional protection of the intellectual property right of the law against competition by inappropriate means progressively, on the basis of revising and perfecting the relevant laws and regulations of existing intellectual property right progressively , in order to safeguard the fair competition order of the intellectual property right conscientiously. This paper enters pens from the interdynamic relation of complementing each other between the law against competition by inappropriate means and intellectual property right law to analyse the definition of the inner link , relation to them and dispute of the academia . On one hand, the law against competition by inappropriate means, has indispensable supplementary function for protecting the intellectual property right , especially for intelligence achievement and relevant achievements which can't win direct protection from single file law of intellectual property right ; on the other hand, the gradual perfection of intellectual property right legal system itself is favorable to sound development of market competition . To various kinds of illegitimate competition behaviors existing in the field of intellectual property right , this paper gives relevant introduction as delailed as possible to behaviors of counterfeit, hitchhike false publicity , commerce slander , therefore, it also brings up some thinking on the perfection of the law against competition by inappropriate means at present including the narrow stipulation to the illegitimate competition behavior and the lach of general clause , with strong suitability ,etc., To above-mentioned weak points, this paper puts forward the relevant contents that should perfect the law against competition by inappropriate means correlated with intellectual property right , in order to strengthen the additional protection of the intellectual property right further.